Rule 28.04 - Higher Standard Under ICWASubd.1. Greater Protection under State Law. The Indian Child Welfare Act (ICWA), 25 U.S.C. § 1921, provides that if state or federal law establishes a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the Indian Child Welfare Act, the court shall apply the state or federal standard. The Minnesota Indian Family Preservation Act (MIFPA), Minn. Stat. §§ 260.751 -.835, may provide a higher level of protection than ICWA in ICWA proceedings. Subd. 2. Active Efforts. Both ICWA and MIFPA require the court to make findings regarding active efforts, as defined in Rule 2.01(1), throughout the proceedings. The active efforts standard provides a higher level of protection than reasonable efforts. Active efforts include reasonable efforts, but reasonable efforts may be found without meeting the threshold for active efforts.Subd. 3. Standard of Proof. Pursuant to ICWA, 25 U.S.C. § 1912(f), in a termination of parental rights matter involving an Indian child, the standard of proof is beyond a reasonable doubt. In all other juvenile protection matters concerning an Indian child, the standard of proof is clear and convincing evidence.Subd. 4. Notice Standards. ICWA, 25 U.S.C. § 1912(a), and Rule 30.01 require the petitioner to provide an additional notice of the proceedings to the parent, Indian custodian, and the Indian child's tribe.Subd. 5. Placement Preferences. The court shall follow the order of placement preferences required by ICWA, 25 U.S.C. § 1915, when placing an Indian child. The court may only place an Indian child outside of the order of placement preferences on a written finding of good cause pursuant to MIFPA, Minn. Stat. § 260.771, subd. 7.Subd. 6. Appointment of Counsel. Appointment of counsel for an Indian child, or for a parent or Indian custodian of an Indian child, who is the subject of a juvenile protection matter, shall be pursuant to ICWA, 25 U.S.C. § 1912(b).Minn. Juve. Prot. P. 28.04